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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 17, 197, the Plaintiff was the owner who completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) based on sale and purchase on the same day.
B. On March 11, 1986, the Incheon District Court’s receipt of the registration office of the Incheon District Court, No. 1868 on March 5, 1986, and the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was completed to the Defendant on the ground of sale on March 5, 1986.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 and 3 evidence, and the purport of the whole pleadings and arguments
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) argues to the effect that, although the Plaintiff did not sell the instant real estate to the Defendant, the registration of transfer of ownership in this case, which the Defendant completed by forging relevant documents, shall be cancelled. 2) The Defendant’s assertion that the Defendant did not forge the instant transaction documents, and that the Defendant already occupied and used the instant real estate as owned by the Defendant for 32 years, and that the Plaintiff’s assertion is without merit.
B. In the event that the registration of ownership transfer is completed with respect to real estate in the relevant legal principle 1, the registrant shall not only be deemed to have obtained the ownership from the third party, but also to have acquired the ownership by a legitimate reason for registration. Meanwhile, the registration of real estate is valid even if the current state of true rights is publicly announced, without reflecting the process or form that led to such public announcement. Thus, it cannot be said that the registrant asserted that the form or process of the act of registration is somewhat different, while he/she lawfully acquired the real estate from the former owner without the reason for registration entered in the register, and that he/she asserted that the form or process of the act of registration is somewhat different.